House Journal 01/17/2006 2:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FIRST SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, January 17, 2006

The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.

The prayer was offered by the Chaplain, Pastor Ruth Ann Loughry, followed by the Pledge of Allegiance led by House pages Ashley Knock and Chelsea Koepsell.

Roll Call: All members present except Rep. Elliott who was excused.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the fourth day.

All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

And we hereby move the adoption of the report.

Respectfully submitted,

Matthew Michels, Chair

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1008 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 8 of the printed bill, delete " within one year " and insert " before the next legal assessment date ".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1048 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the printed bill, delete lines 6 to 15 , inclusive, and insert:

Any person who holds a license issued pursuant to chapters 10-33A, 10-45, 10-45D, 10- 46A, 10-46B, or 10-52A or who is a person whose receipts are subject to the tax imposed by chapters 10-33A, 10-45, 10-45D, 10-46A, 10-46B, or 10-52A shall, except as otherwise provided in this section, file a return, and pay any tax due, to the Department of Revenue and Regulation on or before the twentieth day of the month following each monthly period. The return shall be filed on forms prescribed and furnished by the department.

If the person remits the tax by electronic transfer to the state, the person shall file the return by electronic means on or before the twenty-third day of the month following each monthly period and remit the tax on or before the second to the last day of the month following each monthly period.

The secretary may require or allow a person to file a return, and pay any tax due, on a basis other than monthly and the return and remittance is due the last day of the month following the reporting period, or at time otherwise determined by the secretary.".

On page 2 , delete lines 1 to 7 , inclusive.

And that as so amended said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Hal G. Wick, Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1006 and 1007 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1005 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 8 of the printed bill, delete " for a period of not less than twenty years " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1004 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Thomas J. Deadrick, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1017 and 1042 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1043 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1046 and tabled the same.

Respectfully submitted,
Lou Sebert, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1001 and 1003 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1002 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Thomas Hennies, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1023 and 1024 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1025 and 1026 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Phyllis M. Heineman, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to making arrangements for a memorial recognition of deceased former members of the Senate and House.

Respectfully,
Patricia Adam, Secretary

CONSIDERATION OF REPORTS OF COMMITTEES

Rep. Rhoden moved that the report of the Standing Committee on

Judiciary on HB 1051 as found on page 48 of the House Journal be adopted.

Which motion prevailed and the report was adopted.

HONORED GUESTS

Rep. Putnam introduced the Tabor Czech Days Royalty: Queen Ashley Slama, Princess Madison Dangler, and Prince Anthony Walloch.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1066 Introduced by: Representatives Tornow, Boomgarden, Brunner, Buckingham, Deadrick, Dykstra, Elliott, Fryslie, Garnos, Gillespie, Hackl, Hanks, Haverly, Hills, Howie, Hunt, Jensen, Jerke, Koistinen, Kraus, Krebs, Kroger, McCoy, McLaughlin, Nelson, Novstrup, O'Brien, Olson (Ryan), Pederson (Gordon), Peters, Rausch, Rhoden, Roberts, Rounds, Sebert, Street, Tidemann, Turbiville, Van Etten, Vehle, Weems, and Willadsen and Senators Knudson, Dempster, Duenwald, Greenfield, Hansen (Tom), Kelly, Sutton (Dan), and Sutton (Duane)

FOR AN ACT ENTITLED, An Act to prohibit certain sex offenders from residing within a specified distance from certain places where children are present.

Was read the first time and referred to the Committee on Judiciary.

HB 1067 Introduced by: Representatives Buckingham, Haverly, Heineman, and Van Etten and Senator Duniphan

FOR AN ACT ENTITLED, An Act to classify certain persons as residents for purposes of higher education tuition.

Was read the first time and referred to the Committee on Education.

HB 1068 Introduced by: Representatives Dykstra, Hargens, and Rounds and Senators Bartling and Gray

FOR AN ACT ENTITLED, An Act to require the names of certain parties to be listed in instruments recorded by the register of deeds.

Was read the first time and referred to the Committee on Local Government.

HB 1069 Introduced by: Representatives Dykstra and Rounds and Senators Napoli, Bartling, and Gray

FOR AN ACT ENTITLED, An Act to establish procedures for the forfeiture of money paid by a purchaser of a tax certificate who fails to pay the subsequent taxes.

Was read the first time and referred to the Committee on Taxation.

HB 1070 Introduced by: Representatives Peters, Buckingham, Gillespie, Klaudt, and Lange and Senators Gant, Apa, Earley, and Moore

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding who receives notice of hearing and charges against insurance producers and to require that persons receiving such notice also receive notice of the final determination of the matter.

Was read the first time and referred to the Committee on Commerce.

HB 1071 Introduced by: Representatives Tidemann, Brunner, Davis, Dennert, Fryslie, Gassman, Hackl, Halverson, Hargens, Haverly, Heineman, Howie, Hunhoff, Jensen, Klaudt, Lange, Nelson, O'Brien, Peters, Rausch, Rave, Rounds, Sigdestad, and Street and Senators Hanson (Gary), Bartling, Duenwald, Earley, Gray, Kloucek, Koskan, Lintz, McNenny, Moore, Peterson (Jim), Sutton (Dan), and Sutton (Duane)

FOR AN ACT ENTITLED, An Act to amend the composition and representation of the State Seed Certification Board.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1072 Introduced by: Representatives Kraus, Frost, Hunhoff, Michels, and Van Etten and Senators Hansen (Tom), Bartling, Dempster, Olson (Ed), and Sutton (Dan)

FOR AN ACT ENTITLED, An Act to direct the Department of Social Services to establish the South Dakota long-term care partnership program.

Was read the first time and referred to the Committee on Health and Human Services.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1047: FOR AN ACT ENTITLED, An Act to revise certain sales and use tax provisions related to products and substances associated with the application of pesticides and to clarify the definition of pesticides.

Having had its second reading was up for consideration and final passage.

The question being “Shall HB 1047 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Weems; Wick; Willadsen; Speaker Michels

Excused:
Elliott; Vehle

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

HB 1033: FOR AN ACT ENTITLED, An Act to permit persons arrested for certain boating violations to be released upon execution of a promise to appear in court or upon furnishing a bond and to provide a penalty for failure to appear in court.

Was read the second time.

The question being “Shall HB 1033 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Elliott; Vehle

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

HB 1018: FOR AN ACT ENTITLED, An Act to delay the change in calculating the amount eligible for distribution from the Health Care Trust Fund and the Education Enhancement Trust Fund and to declare an emergency.

Was read the second time.

Rep. Rhoden moved that HB 1018 be deferred to Thursday, January 19^th, the 7^th legislative day.

Which motion prevailed.

HB 1019: FOR AN ACT ENTITLED, An Act to revise and redirect certain revenues relating to the state capital construction fund, the ethanol fuel fund, the state highway fund, the water and environment fund, and the state general fund.

Was read the second time.

Rep. Klaudt moved that HB 1019 be referred to the Committee on Appropriations.

Which motion prevailed.

Speaker Pro tempore Deadrick now presiding.

HJR 1001: A JOINT RESOLUTION, To revise certain constitutional provisions regarding private and special laws.

Was read the second time.

The question being “Shall HJR 1001 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Elliott; Vehle

So the resolution having received an affirmative vote of a majority of the members-elect, the Speaker declared the resolution passed and the title was agreed to.

HJR 1002: A JOINT RESOLUTION, To repeal certain voided constitutional provisions regarding term limits for United States senators and representatives.

Was read the second time.

Rep. Michels moved that HJR 1002 be amended as follows:

On page 1, line 5 of the printed resolution, delete " following amendment to " and insert "repeal of".

On page 1 , line 10, delete " amended to read as follows: " and insert "repealed.".

Which motion prevailed.

The question being “Shall HJR 1002 pass as amended?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Elliott; Vehle

So the resolution having received an affirmative vote of a majority of the members-elect, the Speaker declared the resolution passed and the title was agreed to.

HJR 1003: A JOINT RESOLUTION, To revise certain constitutional provisions regarding the Legislature.

Was read the second time.

The question being “Shall HJR 1003 pass?”

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Excused:
Elliott; Vehle

So the resolution having received an affirmative vote of a majority of the members-elect, the Speaker declared the resolution passed and the title was agreed to.

Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 2:46 p.m. the House adjourned.

Karen Gerdes, Chief Clerk